Search Results

1. [2018] NZEnvC 053 Canterbury Regional Council v Le Roy [pdf, 1 MB]

   ...April 2018 which proposes to resolve the matter. The parties have agreed that orders may be made requiring the EL Ts to be removed from the Amberley site and stored at a warehouse at 37 Buchanans Road, Christchurch, 1 which has been approved by the Affidavit of M B Le Roy, dated 2 February 2018, at [1 9.1 ]. 4 Canterbury Regional Council. Other relevant matters [3] Orders were initially sought against four respondents , however after the proceeding commenced one of the respond...

2. [2018] NZEnvC 014 Vipassana Foundation Charitable Trust Board v Auckland Shooting Club [pdf, 140 KB]

   ...appropriate to add New Zealand Shooting Sports Centre Limited as a party and to require it to provide discovery on the same terms as the other respondents; c) Made in reliance on District Court Rules 4.56 and 8.17 and on s278(2) of the Act. [3] An affidavit of Kirsty Frances McKay affirmed on 31 January 2018 was filed in support of the application. Ms McKay affirms that information received from the Council included a site hazard sign on the subject property in the name of NZ Shoo...

3. Auckland Standards Committee 2 v Fox [2017] NZLCDT 26 [pdf, 212 KB]

   ...each of the three occasions the respondent declared: “I have complied with or am complying with any applicable orders of a Standards Committee, the Legal Complaints Review Officer and the Disciplinary Tribunal.” [3] The respondent filed an affidavit dated 10 August 2017 in which he referred to his ill health and his application to the Legal Complaints Review Officer in relation to 3 another finding of unsatisfactory conduct which is not the subject of Charge 1 and which...

4. Going to Court after Mediation factsheet [pdf, 153 KB]

   ...Here the judge examines proof that the care and contact arrangements you're asking for are in the best interests of the child. • At a submissions-only hearing the judge will decide on the matters in dispute based on the evidence and affidavits filed before the hearing. The judge might also ask you and the other person questions and talk to the lawyer for the child or any specialists who have provided reports. • At a defended hearing the evidence is tested, and wit...

5. [2017} NZEnvC 095 Auckland Council [pdf, 163 KB]

   ...parties, as well as the Court; and (d) address the significant logistical issues for the Court and all parties that would otherwise arise, particularly around filing and service of documents. Waivers [5] Having considered the application, and the affidavit of Cecilia Davison in support of the application, the Court grants the following waivers and directions: Service of Notices of Appeal (a) A waiver in favour of appellants of the usual requirement in clause 14(5) of Schedule...

6. [2012] NZCA 456 CA424/2012 New Zealand Cards Limited v Ramsay [pdf, 128 KB]

   ...following …”. However he acknowledged in the same email that he could pay the security sum “later this month – eg beyond the 23rd October”. [10] The fact that financial hardship has not been established is evident from Mr Beresford’s affidavit sworn in support of an application for stay of execution sworn on 12 July 2012. Mr Beresford stated: 5. The Applicant company is solvent and is moving into the most profitable part of the year for its business. The Applicant can...

7. [2017] NZEnvC 151 Auckland Council v L Mao, J Mao, E K Lau & Jesus 2016 Company Limited [pdf, 138 KB]

   ...GST). Overall, the costs and hourly rate appear to be reasonable. I acknowledge that, in preparing for the hearing it would be necessary to review, yet again, the various documents that have been filed in respect of this matter, including earlier affidavits and evidence of Mr Lau. Given that some eight months have elapsed since the previous hearing, it is understandable that counsel would have needed some time to come up to speed with the various documents and issues in question, no...

8. Ormsby v Dick - Whakaaratamaiti 2B6 (2007) 317 Rotorua MB 209 (317 ROT 209) [pdf, 872 KB]

   ...be - until the appeal is determined. I can appreciate that a change of solicitor will occasion some delay and this must also be taken into account in terms of any relevant timefl'ame. And while Mr Dennett's clients have not proffered affidavit evidence to suppoti their present position, I acknowledge that such evidence can be procured in shoti order. 317 Rotorua MB 212 [12] More imp0l1antly, I accept that there is a serious question to be tried, namely the determinatio...

9. Davis - Matoa Trust Land (2007) 113 Whangarei MB 135 (113 WH 135) [pdf, 242 KB]

   ...NA107B/301) which is vested in the trustees of the Matoa Trust. The terms of the easement are to be as per an instrument executed by the registered proprietors of both blocks of land dated 26 October 2006. [2] The application is supported by an affidavit which sets out the reasons for the easement and in particular the reasons for the application being made on an ex parte basis. I note in this regard that the registered proprietors and other interested parties are all aware of the...

10. 2. Ngati Paoa Trust Board's section 274 notice - Americas Cup proceedings - waiver of time - 6 September [pdf, 107 KB]

    ...through the Board as its mandated authority, is appropriately recognised and provided for through the Mana Whenua Engagement provisions. AND ON THE FURTHER GROUNDS / IN RELIANCE ON: 12. The 2009 Maori Land Court decision (attached). 13. The affidavit of Mr Roebeck sworn in respect of the rehearing of SKP Incorporated v Auckland Council [2018] NZEnvC 81 (but providing for context in respect of this application) (also attached). 3 DATED 6 September 2018...